Terms and Conditions

1. Introduction

These Terms and Conditions (“Terms”) govern your use of the cardrama.au website (“Website”) and the marketplace services provided by Cardrama (“Services”). By accessing or using the Website and Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Website or the Services.

2. Definitions

“Cardrama” refers to the owner and operator of the Website and Services. “User” refers to any person who uses the Website and Services, including buyers and sellers. “Buyer” refers to any User who purchases a trading card game (“TCG”) item through the Website. “Seller” refers to any User who lists and sells TCG items through the Website. “Item” refers to any TCG card or product listed for sale on the Website.

3. User Accounts

To use certain features of the Services, Users may be required to create an account on the Website. Users are responsible for maintaining the confidentiality of their account information and passwords. Users agree to notify Cardrama immediately of any unauthorized use of their account.

Cardrama also offers a Guest Checkout option for Users who prefer not to create an account. To complete a transaction using Guest Checkout, Users will be required to provide necessary personal and payment information. This information will be used solely for the purpose of processing the transaction and will be handled in accordance with Cardrama’s Privacy Policy.

For both registered Users and Guest Checkout, Users must provide accurate, complete, and up-to-date information when using the Website and Services. Users are responsible for all activities that occur under their account or when using Guest Checkout.

4. Marketplace and User Contact

Cardrama provides a platform for connecting Buyers and Sellers for the sale of TCG items. Cardrama receives a marketplace fee for the transaction, but is not a party to the transaction between the Buyer and Seller and does not have control over the quality, safety, legality, or any other aspect of the Items listed for sale. Users agree that Cardrama has no responsibility or liability for the actions or inactions of other Users.

To enhance the security and integrity of the platform, Cardrama will make reasonable efforts to ensure that User accounts are legitimate. All Sellers are required to have a registered PayPal address to receive payments for their transactions. By using the Website and Services, Sellers represent and warrant that they have a valid PayPal account and will provide accurate payment information.

In addition to the Marketplace, Cardrama allows Users to interact, share content, and engage in discussions. Users are expected to adhere to the following guidelines when using the social media platform:

a. Users must not engage in fraudulent, deceptive, or misleading behavior, including providing false or misleading information about their identity, Items, or transactions.

b. Users must not post, transmit, or share content that is abusive, harassing, defamatory, libelous, obscene, or otherwise offensive or harmful to other Users or third parties.

c. Users must not post, transmit, or share content that infringes on the intellectual property rights of others, including copyright, trademark, or trade secret rights.

d. Users must not use the social media platform for spamming, phishing, or other unsolicited or unauthorized commercial activities.

e. Users must not engage in any conduct that interferes with the proper functioning of the Website and Services or that violates any applicable laws or regulations.

Cardrama reserves the right, in its sole discretion, to suspend or terminate the account of any User who violates these guidelines or breaches any other provision of these Terms. Users may also be banned from the social media platform or the entire Website and Services for conduct that breaches these Terms, at Cardrama’s discretion.

5. Payments

When a User purchases an Item from a Seller on Cardrama, the Buyer’s payment is processed directly to the Seller’s registered PayPal account. Buyers and Sellers enter into a payment contract directly with each other. Cardrama does not hold or handle any funds associated with the transaction.

All payments for Items purchased through the Website will be processed through PayPal, which offers buyer and seller protection to both parties involved in the transaction. It is the responsibility of the Buyer and Seller to comply with PayPal’s terms and conditions.

Cardrama receives a marketplace fee for each transaction conducted on the Website. This fee is automatically deducted from the Seller’s proceeds at the time of the transaction. By using the Website and Services, Sellers agree to pay the applicable marketplace fees for each completed transaction.

6. Fees

Cardrama charges marketplace fees for each transaction conducted on the Website. Cardrama reserves the right to modify or change its fee structure, which may include changes to the marketplace fees or the introduction of paid membership plans for additional features and services.

Users will be notified of any changes to the fee structure through updates on the Website or by email communication to the email address associated with their account. By continuing to use the Website and Services after any such changes, Users agree to be bound by the updated fee structure. It is the responsibility of Users to review the current fee structure and stay informed of any changes.

7. Buyer and Seller Protection

Buyers and Sellers may be eligible for PayPal’s Buyer and Seller Protection for transactions made through the Website. Users are responsible for familiarizing themselves with PayPal’s protection policies and for complying with any requirements to qualify for such protection.

8. Item Quality and Returns

Items listed on the Website are categorized into five quality levels: Near Mint, Lightly Played, Moderately Played, Heavily Played, and Damaged. It is the Buyer’s responsibility to ensure that the quality of the Item matches the quality guidelines on the Website.

Sellers are responsible for accurately describing the condition of their Items according to the quality guidelines provided on the Website. If a Buyer believes that an Item does not match the Seller’s description, the Buyer may initiate a return request through PayPal, subject to PayPal’s return policies and procedures.

9. Prohibited Items

All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of Cardrama or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

The intellectual property rights associated with the TCG items listed on the Website, including but not limited to copyrights, trademarks, and designs, belong to the respective manufacturers, such as Wizards of the Coast for Magic: The Gathering cards. Users acknowledge and agree that they do not acquire any ownership rights or intellectual property rights in the Items by listing, selling, or purchasing them through the Website.

In accordance with Wizards of the Coast’s Fan Content Policy, Users may create and share fan content related to Magic: The Gathering, subject to the following conditions:

a. Users must include a clear notice that their fan content is not produced or endorsed by Wizards of the Coast.

b. Users may not use Wizards of the Coast’s copyrighted material for commercial purposes, including but not limited to selling or distributing fan content that includes copyrighted material, except as expressly permitted by the Fan Content Policy.

c. Users must not create or share fan content that is obscene, offensive, defamatory, or otherwise harmful to others.

d. Users must not use Wizards of the Coast’s trademarks, trade dress, or other intellectual property in a way that is likely to cause confusion or imply endorsement, sponsorship, or association with Wizards of the Coast.

e. Users must comply with all other terms and conditions set forth in the Fan Content Policy, which may be updated from time to time at Wizards of the Coast’s discretion.

By using the Website and Services, Users agree to respect the intellectual property rights of Cardrama, TCG manufacturers, and other Users, and to comply with all applicable laws, regulations, and policies related to intellectual property.

10. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, and images, is the property of Cardrama or its content suppliers and is protected by copyright laws. Users agree not to reproduce, duplicate, copy, sell, or otherwise exploit any portion of the Website without the express written permission of Cardrama.

11. Limitation of Liability

In no event will Cardrama be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the Website or the Services, or any other matter relating to the Website or the Services, even if Cardrama has been advised of the possibility of such damages.

12. Indemnification

Users agree to indemnify, defend, and hold harmless Cardrama, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, including reasonable attorneys’ fees, arising from: (i) your use of and access to the Website and Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Website or Services caused damage to a third party.

13. Termination

Cardrama reserves the right, in its sole discretion, to terminate your access to the Website and Services, with or without notice, for any reason or no reason, including but not limited to your violation of these Terms.

14. Modifications to Terms

Cardrama may, at its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Any changes will be effective immediately upon posting on the Website, and your continued use of the Website and Services constitutes your acceptance of the modified Terms.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Cardrama is incorporated, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction for the resolution of any disputes arising out of or relating to these Terms or the use of the Website and Services.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.

17. Entire Agreement

These Terms constitute the entire agreement between you and Cardrama concerning the use of the Website and Services and supersede any prior agreements, understandings, or representations, whether written or oral, between you and Cardrama with respect to the subject matter hereof.

18. Contact Information

If you have any questions or concerns about these Terms or the Services, please contact Cardrama through the contact information provided on the Website.

19. Disclaimer of Warranties

The Website and Services are provided on an “as is” and “as available” basis. Cardrama disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Cardrama does not warrant that the Website or the Services will be uninterrupted, timely, secure, or error-free, or that any defects in the Website or Services will be corrected.

20. No Endorsement

Cardrama does not endorse any Items listed for sale on the Website or any opinions, recommendations, or advice expressed by Users. Cardrama expressly disclaims any and all liability in connection with User submissions and transactions.

21. Third-Party Links

The Website may contain links to third-party websites that are not owned or controlled by Cardrama. Cardrama has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Users acknowledge and agree that Cardrama is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. Users agree to indemnify and hold harmless Cardrama for any loss or damage that may be incurred by Users as a result of the use of any such external sites or resources.

22. Privacy

Your use of the Website and Services is subject to Cardrama’s Privacy Policy, which is incorporated into these Terms by reference. By using the Website and Services, you acknowledge and agree that you have read and understand the Privacy Policy and consent to the collection, use, and disclosure of your personal information in accordance with the Privacy Policy.

23. Force Majeure

Cardrama shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

24. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Cardrama’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

26. Assignment

You may not assign or delegate your rights or obligations under these Terms without the prior written consent of Cardrama. Cardrama may assign or delegate its rights and obligations under these Terms at its sole discretion and without notice to you.

27. Notices

All notices, requests, demands, and other communications under these Terms shall be in writing and shall be deemed to have been duly given when personally delivered, when transmitted by email, or when mailed by certified or registered mail with postage prepaid and return receipt requested, to the parties at the addresses provided during the registration process or to such other address as a party may designate by notice given in accordance with this provision.

28. Relationship of the Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, employment, or other similar relationship between you and Cardrama. You acknowledge and agree that you are using the Website and Services solely as an independent contractor and not as an employee, agent, or representative of Cardrama. You further acknowledge and agree that you do not have any authority to bind Cardrama in any respect.

29. Dispute Resolution

Any disputes arising out of or relating to these Terms, the Website, or the Services shall be resolved through good faith negotiation between the parties. If the parties are unable to resolve the dispute within thirty (30) days, either party may submit the dispute to binding arbitration in accordance with the rules of a recognized arbitration organization. The arbitration shall be conducted in the jurisdiction in which Cardrama is incorporated, and the decision of the arbitrator shall be final and binding on the parties.

30. Feedback

Cardrama welcomes your feedback and suggestions about the Website and Services. By submitting feedback, you agree that Cardrama may use and incorporate your feedback into the Website and Services without any obligation or compensation to you.

31. Survival

All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

32. Compliance with Laws

Users agree to comply with all applicable local, state, national, and international laws, rules, and regulations in connection with their use of the Website and Services, including but not limited to those governing online conduct, intellectual property rights, privacy, and data protection.

33. Export Control

Users agree not to export or re-export any part of the Website or Services, or any Items purchased through the Website, in violation of any applicable export control laws and regulations.

34. Electronic Communications

By using the Website and Services, you consent to receiving electronic communications from Cardrama. These communications may include notices about your account, information concerning or related to the Website and Services, or promotional offers. You agree that any notices, agreements, disclosures, or other communications that Cardrama sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.